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This regulatory action implements the provisions of Chapters 277, 330, and 432 of the 2025 Acts of Assembly. These legislatively mandated provisions are being enacted without added discretion by the Board. Chapter 277 of the 2025 Acts of Assembly allows advanced registered medication aides to administer drugs to long-term care residents who do not have a clinical condition that requires evaluation by a registered nurse or licensed practical nurse for the administration of medications. This legislation also limits the practice of advanced registered medication aides to nursing homes licensed by the Department of Health. Chapter 330 of the 2025 Acts of Assembly specifies the minimum amount of professional liability coverage and general liability coverage required for nursing homes and certified nursing facilities is the amount per occurrence and requires nursing homes and certified nursing facilities to provide at licensure renewal or have available for the State Board of Health proof of such coverage. Chapter 432 of the 2025 Acts of Assembly permits residents of nursing facilities to have electronic monitoring devices placed in their rooms. This legislation contains several provisions establishing the requirements for the placement and utilization of any such electronic monitoring device in any resident's room, including requirements relating to ensuring that residents or their legal representatives and residents' roommates or their legal representatives’ consent to the placement and utilization of electronic monitoring devices in their rooms. This action is exempt from the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et. seq, of the Code of Virginia) pursuant to § 2.2-4006 (A) (4) (a), which specifies the exemption of regulations that are “necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. However, such regulations shall be filed with the Registrar within 90 days of the law's effective date.”
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